Mental Health Act 2009

Despite any other Act or law, neurosurgery must not be carried out on a patient as a treatment for mental illness unless—

the patient has a mental illness; and

the neurosurgery has been authorised for treatment of the illness by—

the person who is to carry it out; and

2 psychiatrists (at least 1 of whom is a senior psychiatrist), each of whom has separately examined the patient; and

the

the patient is of or over 16 years of age and written consent to the treatment has been given—

by the patient; or

if consent cannot be given by the patient—by the Tribunal on application under this section.

For the purposes of subsection (1)(b)(iii), the person by whom the neurosurgery is to be carried out must ensure that the Chief Psychiatrist is sent or given, at least 14 days before the neurosurgery is proposed to be carried out—

a written notice in the form approved by the Chief Psychiatrist—

advising the Chief Psychiatrist of the proposed neurosurgery; and

requesting the Prescribed Psychiatric Treatment Panel to authorise the proposed neurosurgery; and

containing any other information required by the notice; and

a copy of the report of each psychiatrist on examining the patient under subsection (1)(b)(ii).

An application for the Tribunal's consent under this section may be made by a medical practitioner or mental health clinician.

A person who carries out neurosurgery on a patient as a treatment for mental illness must ensure that the Chief Psychiatrist is sent or given, within 3 months of carrying out the neurosurgery—

a written report in the form approved by the Chief Psychiatrist containing such information about the neurosurgery as may be required by the Chief Psychiatrist; and

a copy of a report from a psychiatrist who has examined the patient after the neurosurgery.

A person who contravenes subsection (1) is guilty of an offence.